Hells Angels MC

California - STOCKTON - A trial will begin in August 2014 for a Tracy man who pleaded not guilty Monday, Sept. 16, to charges that he participated in the killing of a Lathrop man in August 2011.

David Splan, 43, of Tracy, and his co-defendant, Brandon Gann, 32, of Stockton, are charged with premeditated murder, attempted premeditated murder, being armed with a firearm during a felony, use of a firearm in commission of a felony, intentional and personal discharge of a firearm and street terrorism.

Splan and Gann - both members of the Hells Angels Nomad Motorcycle Club - each pleaded not guilty to all charges and enhancements before Judge Seth Hoyt Jr. in San Joaquin County Superior Court.

Hoyt set the next court date for 9:30 a.m. Dec. 9 and scheduled the trial to begin at 9 a.m. Aug. 11 in Department 21 of the Stockton courthouse.

Attorney Frederick Remer, representing Splan, initially told the judge he wanted to wait until the next court date to enter his client's plea. He said it was "appropriate to leave it in the status it was in."

Hoyt rejected the request, pointing out that the grand jury had indicted Splan and Gann on Dec. 21, and their first court appearance was Jan. 3. He noted that all of the lawyers involved with the case had met in his chambers earlier Monday morning and agreed to set a trial date.

Deputy District Attorney Kevin Mayo told the judge he anticipated a five-week trial.

Splan and Gann are accused of beating and fatally shooting Daniel Martinez, 26, of Lathrop, and shooting and beating an unidentified 30-year-old man in rural Manteca around 6:30 p.m. Aug. 17, 2011.

Splan is being held on $4,750,000 bail and Gann on $4,850,500 bail in San Joaquin County Jail.

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